Sigh of relief from community as man allegedly behind ABM leader’s killing is denied bail

19 May 2022 - 06:43 By LWAZI HLANGU
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The 20-year-old man alleged to have gunned down a leader of Abahlali baseMjondolo has been denied bail.
The 20-year-old man alleged to have gunned down a leader of Abahlali baseMjondolo has been denied bail.
Image: 123RF

There was jubilation in the Durban magistrate's court as a man accused of killing an Abahlali baseMjondolo (ABM) leader was denied bail.

Khanya Ngubane, 20, appeared in court on Wednesday in connection with the murder  and attempted murder charges he faces.

It was alleged that on March 8 in the Khenana informal settlement in Durban, Ngubane accosted ABM Khenana branch deputy chairperson Ayanda Ngila and chairperson Lindokuhle Mnguni.

Ngubane allegedly shot dead Ngila while Mnguni survived.

The court heard that the accused, identified by the name Mnguni on the day of the incident, was apprehended on March 22 in his homestead in Pietermaritzburg.

Advocate Nkosikhona Zulu, who represented Ngubane, told the court that at the time of the incident the complainant in this case, Mnguni, was out on bail in a separate murder case involving a friend of his client.

Zulu said it was possible that Mnguni was not an eyewitness to the murder as his bail conditions prevented him from being in Khanana at the time.

“The state’s case is weak because the applicant is not an independent witness. It is possible that he is trying to implicate my client in order to weaken the case against himself. He had to implicate people who may be possible witnesses to one of his murder cases,” Zulu told TimesLIVE.

The state opposed bail, arguing that witnesses would not feel safe if Ngubane was released.

The investigating officer in the case, identified only as warrant officer Subramoney, testified during the bail application that he was opposed to Ngubane being released.

Subramoney had cited the murders of ABM member Nokuthula Mabaso and a state witness in this matter, who was killed a day before the start of the court case, as one of his reasons for being against bail.

ABM lawyer Mbalenhle Khuzwayo, who has a watching brief in this case, told TimesLIVE she also received death threats from a private phone number a day before Mabaso was murdered.

“It might be just coincidental because I don’t only represent Abahlali, but I also received death threats from a private number a day before Mam’ Nokuthula was killed. However, I can’t pinpoint if these are related incidents,” she said.

Magistrate Vanitha Armu said she was satisfied the testimony before her showed it would be in the interest of justice to deny Ngubane bail.

“The community has been marred by violence since 2020. Attacks, counterattacks and revenge killings are prevalent in this area and one eyewitness has been killed,” she said.

Reacting to the court decision, Khenana resident Sniko Miya, who has also opened a case of assault against the accused, said the court decision was a “relief” for the residents.

He added it has reinforced their trust in the court of law.

The case was adjourned to July 7 for further investigations.

TimesLIVE

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